a.oix.net - TTNET'in fişleme motoru!

Ali Güngör

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İstanbul Türkiye
Türk okuyucular için, Phorm avukatları ihtarname yollamışlar Phorm haberi yapanlara, durumu takip ediyoruz.
 

BTCustomer

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Yes you are correct, I have checked our mail box if we have recieved a legal warning as they did but as for now we didn't. Sosyalmedya.co has recieved a legal warning from Phorm Turkey's lawyers as stated in twitter messages. They will release the details this evening.
If I can be of any help in providing copies of documents, do tell me by private message. If sosyalmedia want to get in touch with me the same way, then they are welcome. I will give them and you copies of what I have. Phorm have a record of threatening people and organisations with lawyers. I have a good file of material to provide evidence to back up the criticisms that people have made about Phorm. I also have full copies of their "smear" web sites, StopPhoulPlay and Uninphormed.com - where Phorm or their "friends" smeared and libelled their critics and had to withdraw their own claims. They smeared the BBC and Downing St and also Dr Richard Clayton, and eventually they had to take down the claims. I have the original web pages and the amended ones. None of these pages are online any more. Phorm got TERRIBLE press coverage because of those websites that they set up. One large UK paper, The Daily Telegraph, stopped supporting Phorm because of StopPhoulPlay. Phorm chief labels critics 'serial agitators' - Telegraph Phorm boss blogs from a dark, dark place • The Register Phorm also threatened Which Computer magazine with legal action and made them take down a web copy of a press article. You can find that article on Wikileaks. Search results for "Phorm" - WikiLeaks Phorm have also made statements that UK government departments (UK Home Office and DBERR) and the EU have said that Phorm's technology is legally compliant. Phorm are not telling the truth here. I have the documents where those UK government organisations DENY Phorm's claims. Phorm have said the EU Commission legal action against the UK was "nothing to do with Phorm". I have documents from the EU that prove that it WAS to do with Phorm and the EU said so publicly and mentioned Phorm specifically in their press releases and public statements. These are evidence of untruthful statements by Phorm that can be proved to be untrue. This was exactly our experience in the UK. What we have learned is that Phorm do NOT want to go into a courtroom and be examined by a lawyer under oath. They do not want to have to answer questions on all these things in a witness box. We have had cases where individuals were threatened because of what they had blogged about Phorm, but Phorm did not follow through the threats with action because Phorm do NOT want to go to court. There has not been a single court case in UK or any other country. If Phorm were to go to court, they would have to stand in a witness box and answer a question about whether TTNET customers are asked for consent before their communications are intercepted. They would have to give a truthful answer. We know that the interception of communications is done without consent. The consent is only asked for in respect of the serving of targeted adverts ("relevant content"). Phorm have never given a truthful answer to that question. They would have to answer it in court. They would also have to account for every single statement they have made that has subsequently been proved to be untrue. They would also have to explain the false or incomplete statements they have made to the UK Stock Exchange since 2004 onwards where they have repeatedly concealed Kent Ertugrul's directorship of the bankrupted company Hamburger Halt and only corrected the omission when I told the Stock Exchange about it earlier last month. Stand firm and fight hard. Tell Phorm to go away. No one needs to tell lies about Phorm. The truth about their activities in several countries over the last 8 or 9 years is damaging enough. If I can be of help - get in touch please. Good luck.
 

MorbidFractal

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HTTP/1.1 200 OK
Date: Sat, 24 May 2014 10:40:30 GMT
Server: Apache
Cache-Control: no-store, no-cache
Set-Cookie: uid=Yj56gM0fRy-OwqjZQxVNHwJZcAQOQ3KgUCaXS32Xmfo9HXp4Q9oeo1B3qNXO5L00Y; expires=Sun, 24-May-2015 10:40:30 GMT; domain=adobur.com; path=/
Set-Cookie: OPTED_IN=1; expires=Sun, 24-May-2015 10:40:57 GMT; domain=.adobur.com; path=/
P3P: CP="NON COR PSAo PSDo OUR BUS UNI STA PRE"
Vary: Accept-Encoding
Content-Encoding: gzip
Content-Length: 4252
Keep-Alive: timeout=15, max=100
Content-Type: application/javascript
 
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BTCustomer

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Here are Wikileaks links to a number of documents no longer available at the original websites - either because they were leaked or because Phorm made a takedown demand and they were removed (without any court action) The Which Computer article removed due to a Phorm legal threat http://wlstorage.net/file/which-survey-2009.pdf The British Telecom "Phorm" report: PageSense External Validation Report http://wlstorage.net/file/bt-phorm-report-2007.pdf UK data regulator initial statement on Phorm removed from their website http://wlstorage.net/file/final-ico-statment-on-phorm-2008.pdf Early Astaire Brokers note promoting Phorm's product http://wlstorage.net/file/phorm-astaire-2009.pdf Wikileaks page with article links above Search results for "Phorm" - WikiLeaks Best of luck.

- - - Güncellendi - - -

The taken down ICO/Data Regulator article referred to in my previous post, contains evidence that Phorm misled the UK Information Commissioner. The article includes the quote, "Although the products have not yet been rolled out and the upcoming trial by one ISP has not yet taken place,"

That statement is NOT TRUE - actually two secret trials involving BT customers had taken place without the customers being told their communications were being intercepted. One of those trials is described in the PageSense report described in the previous post. Someone was lying.

In the Which article which was also subject to a takedown following legal threat by Phorm, Phorm objected to the words, "This profile is then sold to advertisers" which followed the sentence "Webwise... builds an anonymous profile of your interests"

I have included the Astaire Brokers note for light relief. It makes amazing predictions about Phorm, and is wrong in almost every respect. Because of spin like this, a lot of people lost a lot of money investing in Phorm. The shares went to UKP35 on rumours of their UK ISP deals. Once their secret trials became public knowledge, that was it for the shares, and they are now trading at 83 UK PENCE (about 2% of their peak value, and about 4% of what these brokers were predicting). The bnrokers predicted massive profits in 2010 and 2011. In fact what really happened was that there was NO income in those years, let alone profit, and Phorm had to ask for more cash. They are STILL asking for more cash. They needed UKP7m to finance their Turkish operation. They are STILL not making any money.

The story of Phorm is a story of optimistic predictions, spin, promises, public protests, and Phorm's repeated failure to deliver on its promises to shareholders and cash investors. Many of the promises and statements Phorm made to the public, to the markets, to regulators and to the press, can now be PROVED to be untrue or misleading.

Their biggest deception is around consent.

The truth is that communications are intercepted at a network level without the consent of either party to the communication.

The spin is that users are offered "unmissable choice" - (to receive targeted advertising). Consenting to receive adverts is not the same as consenting to interception of communications. Does the badly designed gezinti.com page explain that communications are being intercepted by deep packet inspection? Of course it doesn't.

Enjoy the articles!

There is a very big difference.
 

MorbidFractal

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HTTP/1.1 200 OK
Date: Sat, 24 May 2014 10:40:30 GMT
Server: Apache
Cache-Control: no-store, no-cache
Set-Cookie: uid=Yj56gM0fRy-OwqjZQxVNHwJZcAQOQ3KgUCaXS32Xmfo9HXp4Q9oeo1B3qNXO5L00Y; expires=Sun, 24-May-2015 10:40:30 GMT; domain=adobur.com; path=/
Set-Cookie: OPTED_IN=1; expires=Sun, 24-May-2015 10:40:57 GMT; domain=.adobur.com; path=/
P3P: CP="NON COR PSAo PSDo OUR BUS UNI STA PRE"
Vary: Accept-Encoding
Content-Encoding: gzip
Content-Length: 4252
Keep-Alive: timeout=15, max=100
Content-Type: application/javascript
 
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MorbidFractal

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HTTP/1.1 200 OK
Date: Sat, 24 May 2014 10:40:30 GMT
Server: Apache
Cache-Control: no-store, no-cache
Set-Cookie: uid=Yj56gM0fRy-OwqjZQxVNHwJZcAQOQ3KgUCaXS32Xmfo9HXp4Q9oeo1B3qNXO5L00Y; expires=Sun, 24-May-2015 10:40:30 GMT; domain=adobur.com; path=/
Set-Cookie: OPTED_IN=1; expires=Sun, 24-May-2015 10:40:57 GMT; domain=.adobur.com; path=/
P3P: CP="NON COR PSAo PSDo OUR BUS UNI STA PRE"
Vary: Accept-Encoding
Content-Encoding: gzip
Content-Length: 4252
Keep-Alive: timeout=15, max=100
Content-Type: application/javascript
 
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BTCustomer

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Perhaps BTCustomer can help me out here...

Phorm Service Privacy Policy | Phorm

There is an earlier version here - 13th February 2008
Phorm Inc :: Phorm Service Privacy Policy

but the page has been completely re-written

I see one bit that hasn't changed is that the service is still patent-PENDING technology. Investors beware! This has been marketed in the USA, the UK, Brazil, Korea, China, Romania and Turkey, since about 2004 and it is STILL not patented.

In the earlier version it said: (about local laws)
How is the Phorm Service designed to not collect PII?
Phorm takes several steps in designing the Phorm Service to not collect any PII. For example, Phorm Service:

Does not collect any information on secure (HTTPS) pages
Ignores words or phrases containing the "@" symbol to ensure that we do not collect email addresses.
Ignores numbers longer than three digits, to prevent the collection of credit card numbers, phone numbers, social security numbers, or other numbers-based PII.
Does not store IP addresses.

If any PII were collected, Phorm would be legally obliged to use any information in line with the applicable laws concerning protection of such information.
-

In the 10th April 2012 version there is this paragraph about complying with local laws:
Phorm is committed to complying with both legal and regulatory obligations and industry best practice - now and in the future - and is therefore happy to consider any privacy suggestions on improving the Phorm Service
:D
Best of luck with making your suggestions. Don't expect a reply.
We have documentary evidence from regulators that Phorm did NOT comply with local laws in the UK/European Union. They just were not prosecuted.

Also see this current page for more on privacy policy at Phorm
Industry-leading privacy | Phorm
I do not agree with the claims on that page.
 

MorbidFractal

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HTTP/1.1 200 OK
Date: Sat, 24 May 2014 10:40:30 GMT
Server: Apache
Cache-Control: no-store, no-cache
Set-Cookie: uid=Yj56gM0fRy-OwqjZQxVNHwJZcAQOQ3KgUCaXS32Xmfo9HXp4Q9oeo1B3qNXO5L00Y; expires=Sun, 24-May-2015 10:40:30 GMT; domain=adobur.com; path=/
Set-Cookie: OPTED_IN=1; expires=Sun, 24-May-2015 10:40:57 GMT; domain=.adobur.com; path=/
P3P: CP="NON COR PSAo PSDo OUR BUS UNI STA PRE"
Vary: Accept-Encoding
Content-Encoding: gzip
Content-Length: 4252
Keep-Alive: timeout=15, max=100
Content-Type: application/javascript
 
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MorbidFractal

Hectopat
Katılım
27 Haziran 2012
Mesajlar
73
Beğeniler
9
HTTP/1.1 200 OK
Date: Sat, 24 May 2014 10:40:30 GMT
Server: Apache
Cache-Control: no-store, no-cache
Set-Cookie: uid=Yj56gM0fRy-OwqjZQxVNHwJZcAQOQ3KgUCaXS32Xmfo9HXp4Q9oeo1B3qNXO5L00Y; expires=Sun, 24-May-2015 10:40:30 GMT; domain=adobur.com; path=/
Set-Cookie: OPTED_IN=1; expires=Sun, 24-May-2015 10:40:57 GMT; domain=.adobur.com; path=/
P3P: CP="NON COR PSAo PSDo OUR BUS UNI STA PRE"
Vary: Accept-Encoding
Content-Encoding: gzip
Content-Length: 4252
Keep-Alive: timeout=15, max=100
Content-Type: application/javascript
 
Son düzenleme:

MorbidFractal

Hectopat
Katılım
27 Haziran 2012
Mesajlar
73
Beğeniler
9
HTTP/1.1 200 OK
Date: Sat, 24 May 2014 10:40:30 GMT
Server: Apache
Cache-Control: no-store, no-cache
Set-Cookie: uid=Yj56gM0fRy-OwqjZQxVNHwJZcAQOQ3KgUCaXS32Xmfo9HXp4Q9oeo1B3qNXO5L00Y; expires=Sun, 24-May-2015 10:40:30 GMT; domain=adobur.com; path=/
Set-Cookie: OPTED_IN=1; expires=Sun, 24-May-2015 10:40:57 GMT; domain=.adobur.com; path=/
P3P: CP="NON COR PSAo PSDo OUR BUS UNI STA PRE"
Vary: Accept-Encoding
Content-Encoding: gzip
Content-Length: 4252
Keep-Alive: timeout=15, max=100
Content-Type: application/javascript
 
Son düzenleme:



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